Case law

Anthony Peak v. Kubota Tractor Corporation

559 F. App'x 517 · Court of Appeals for the Sixth Circuit · May 16, 2014

None of these assertions establish “credible evidence of untrustworthiness.” Hathaway, 798 F.2d at 907. … Second, Sixth Circuit law clearly holds that to be an “other qualified witness”, it is not necessary to have personal knowledge of the documents’ preparation.

Michael R. Kirkpatrick v. Michael A. Rumer, Judge Robert M. Light, Judge Richard E. Cheney, Referee Daniel S. Cade, Asst. Cty. Pros.

876 F.2d 104 · Court of Appeals for the Sixth Circuit · Jun 12, 1989

As such, they are absolutely immune from liability from damages under Sec. 1983. See Westfall v. Erwin, 108 S.Ct. 580, 584 (1988); Imbler v. … This matter is clearly a domestic relations case which involves an on-going proceeding, Kirkpatrick's wage attachment.

Youghiogheny and Ohio Coal Co. v. Selak

65 F.3d 169 · Court of Appeals for the Sixth Circuit · Aug 29, 1995

Clearly, the Director was entitled to deny the claim based on the information then in the file. … Paal, is undisputedly not qualifying. The Y & O complains that, while the other two studies (one by Dr. Daneshvari and one by Dr. Kress) were qualifying, Dr.

In re Ohio Execution Protocol Litig.

Court of Appeals for the Sixth Circuit · Jun 28, 2017

If the prisoner is found to be conscious, a qualified drug administrator can inject another 500 milligrams of midazolam. … The district court’s findings in this case were not clearly erroneous.

United States v. Harry Davis, Jr.

372 F. App'x 628 · Court of Appeals for the Sixth Circuit · Apr 13, 2010

Under either a de novo or clearly erroneous standard of review, however, the result in this case is the same. … As discussed above, this court has stated that § 2K2.1(b)(6) is satisfied if the possession of firearms facilitates, or has the potential of facilitating, illegal conduct, without qualifying that the facilitation must increase

Hizam Alzawkari v. American Steamship Company

878 F.2d 1436 · Court of Appeals for the Sixth Circuit · Jul 12, 1989

878 F.2d 1436 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … (Emphasis added.) 3 On appeal the company has not shown the court's factfinding to be clearly erroneous, or its discretion abused.

Denver Robertson v. John Morgan, Warden

227 F.3d 589 · Court of Appeals for the Sixth Circuit · Oct 4, 2000

Robertson argues that in other cases where no double jeopardy was found, the elements of the crime were more distinct, or else there, was a separation in time between the offenses charged so that they were clearly different … The Due Diligence Exception Even if the facts of this prosecution would otherwise establish double jeopardy, the state argues, and the lower courts agreed, that it is saved by the due diligence exception.

Anthony Warren v. Chester Cnty., Tenn.

Court of Appeals for the Sixth Circuit · Feb 10, 2026

Gauged by those standards, Warren’s proffered evidence does not qualify as direct evidence. … Chester County “clearly establishes” that Warren’s insubordination and forthcoming budget cuts caused his termination. Appellee Br. at 37-38.

United States v. Gurley

Court of Appeals for the Sixth Circuit · Sep 21, 2004

Gurley No. 03-5132 establishment, place, property, or location to inspect and is not too indefinite; and (3) the information requested is copy all documents or records relating to such … Furthermore, the whether Gurley would so qualify under § 9601(37)(A)(ii) is need for a response and the usefulness of the information, irrelevant and therefore need not be decided. which was requested on February

Victor Galindo-Munoz v. William P. Barr

Court of Appeals for the Sixth Circuit · Feb 3, 2020

These findings of fact were not clearly erroneous and defeated a showing of unusual hardship. Id. … the requisite hardship to a qualifying relative.

United States v. Kenneth Jackson, Jr.

Court of Appeals for the Sixth Circuit · Dec 21, 2023

Stated differently, under any of the Haynes prongs, Jackson fails to establish a valid basis for us to reconsider our decision in Jackson II. We take each prong in turn. … § 2113(a), which may be committed “by force and violence, or by intimidation” qualifies as a crime of violence under the elements clause).

United States v. Kelvin Crumpton

824 F.3d 593 · Court of Appeals for the Sixth Circuit · Jun 2, 2016

Instead, “the affiant need only specify that the confidential informant has given accurate information in the past to qualify as reliable.” United States v. Greene, 250 F.3d 471, 480 (6th Cir. 2001). … Even if the district court had clearly erred, Crumpton has pointed to no basis for finding that he was prejudiced by this error.

Equal Employment Opportunity Commission v. New Breed Logistics

783 F.3d 1057 · Court of Appeals for the Sixth Circuit · Apr 22, 2015

Furthermore, the EEOC had to establish but-for causation to establish the retaliation claim. … We agree with the EEOC that a complaint to a harassing supervisor qualifies as protected activity.

United States v. Alpine Industries, Inc. And William J. Converse

352 F.3d 1017 · Court of Appeals for the Sixth Circuit · Sep 26, 2003

Alpine, however, misconstrues the level of proof necessary to establish a prima facie case under these circumstances. … In this case, the form should be viewed along with the jury instructions, which clearly stated where the burden of proof lay: The verdict form asks you a set of two questions as to each alleged claim: First, has the government

United States v. Fletcher

295 F. App'x 749 · Court of Appeals for the Sixth Circuit · Oct 1, 2008

Fletcher’s girlfriend, Jewell Jones, testified pursuant to a court order compelling her testimony in exchange for limited use immunity. … “If exclusion of the inaccurate statement would leave the affidavit with insufficient content to establish probable cause, then the warrant is invalid.” Id.

Highlands Wellmont Health Network, Inc. v. John Deere Health Plan, Inc.

350 F.3d 568 · Court of Appeals for the Sixth Circuit · Nov 25, 2003

I. 2 JDHP is a qualified health maintenance organization. Wellmont Health Systems owns and operates the Bristol Regional Medical Center and Wellmont Holston Valley Medical Center in East Tennessee. … If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof. 25 9 U.S.C. § 4 . 26 It is well established that any

Bailey's, Inc. v. Windsor America, Inc. And Windsor MacHine Company, Ltd.

948 F.2d 1018 · Court of Appeals for the Sixth Circuit · Dec 19, 1991

Hodges’ letter asserted, among other things, that Windsor was “attempting to establish a professional distributor and dealer system in order to advance our reputation in the industry, establish a service and repair network … Windsor was clearly not a participant in any “group boycott” of the sort condemned in Klor’s.

Bellsouth Telecommunications, Inc. v. Southeast Telephone, Inc. And Public Service Commission of Kentucky

462 F.3d 650 · Court of Appeals for the Sixth Circuit · Aug 28, 2006

USI Film Products, 511 U.S. 244 , 114 S.Ct. 1483 , 114 S.Ct. 1483 (1994) (establishing a three-step analysis for determining whether an intervening change in the law can be properly applied to a pending case). … We believe that the proper answer is clearly “no,” because Southeast cannot invoke a provision that has not yet been declared part of the contract between the parties.

Walker v. Ohio Department of Rehabilitation & Correction

241 F. App'x 261 · Court of Appeals for the Sixth Circuit · Jul 11, 2007

. § 1981 is barred by the State’s Eleventh Amendment immunity. See Hafford v. Seidner, 183 F.3d 506, 512 (6th Cir. 1999) (“§ 1981 claims against ODRC are barred by the Eleventh Amendment”); Johnson v. … As plaintiff has failed to adduce any direct evidence of race discrimination, he attempts, under these governing standards, to establish the essential elements of his prima facie case by circumstantial evidence: (1) that

Delisle v. Brimfield Township Police Department

94 F. App'x 247 · Court of Appeals for the Sixth Circuit · Mar 8, 2004

There, however, the plaintiff asserted a “continuing violations” defense in order to qualify some of the allegedly discriminatory acts about which plaintiff complained, which did not take place within the 300 day time period … Id. at 109 (reiterating that the Court should “strict[ly] adhere[] to the procedural requirements specified by the legislature ...” and noting that “ ‘[b]y choosing what are obviously short deadlines, Congress clearly intended